I was working on a construction site when two roof tiles fell from two stories high and struck me. I was knocked off of a deck I was building and broke my leg. Can I bring a claim for my injuries?
Yes. You have two claims. Worker’s Compensation pays for your medical expenses and lost wages. You have a second claim for your personal injuries against the owner and general contractor at the job site.
Worker’s Compensation
Our office always recommends injured construction worker apply for Worker’s Compensation benefits. Since you were injured in such a dramatic fashion, an ambulance probably took you to a hospital. I am assuming that many people from the job site, in addition to your supervisor and co-workers had notice of the accident because they witnessed you being removed in an ambulance. Your employer will have the compensation carrier information. The hospital will want to know that information from your employer.
Labor Law 240
The second claim you have is for personal injuries against the general contractor and owner of the job site through the New York Labor Law. Labor Law § 240 covers the case you described. Moreover, under Labor Law 240, the owner and general contractor have a non-delegable duty to secure building materials on the roof of your construction site. I am assuming you are a carpenter since you stated that you were building a deck. Even though you may have had nothing to do with the laying of roof tiles, the Labor Law protects you the laborer.
The general contractor and owner are absolutely liable under the Labor Law. Thus, the owner and general contractor cannot argue that you should have ducked out of the way of the falling building material. Violation of the Labor law is sufficient to prove a case against the owner and general contractor.
Labor Law 241
(You have a claim against the owner and general contractor under Labor Law § 241. This could lead to a reduction in your award for personal injuries. Comparative negligence is a part of these cases.)
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.